Medical Malpractice Attorneys

Medical professionals must follow the highest standards of care when caring for their patients. If a health care provider fails to adhere this standard and this negligence causes injuries or complications to the patient, it could be a cause for a claim for negligence.

A successful malpractice lawsuit can assist in paying medical costs and also reimburse lost wages and acknowledge pain and discomfort. Medical malpractice lawsuits can be a bit complicated.

Undiagnosed

Misdiagnosis is among the most common medical malpractice claims. This type of case typically involves a health care provider wrongly diagnosing a patient suffering from an injury or illness. A physician may identify a patient with pneumonia, but in reality the patient is suffering from staph. A mistake could result in serious consequences for the patient including death.

According to medical malpractice insurance companies, diagnosis-related claims represent between 9 and 10 percent of claims (obstetrics and 61 percent in pediatrics) or their total claims. Medical malpractice claims are comparatively small and may be biased towards more severe mistakes. Claims are often closed or lapse without payment, and many meritorious mistakes won't result in the filing of a malpractice lawsuit.

A plaintiff must prove that, in order to be successful in a case for medical malpractice, that the doctor Medical Malpractice Attorneys didn't follow the standard of care when diagnosing the condition. A plaintiff's attorney must also show that the doctor's error resulted in injury.

The process of bringing a medical malpractice lawsuit can be long-winded, costly and emotionally high. Although the majority malpractice cases settle without trial, the attorneys representing both parties as well as expert witnesses must spend time and money on negotiation, discovery, as well as trial preparation. Doctors are also often required to pay their malpractice costs as the claims process progresses. These costs have prompted some to call for reforms to tort law that will lower the cost and facilitate faster settlements.

Errors in Treatment

You can expect that when visit a physician or hospital for treatment, the care you receive will be in accordance with the standard of practice in your area. This includes a correct diagnosis and a sensible treatment plan and adequate follow-up in order to ensure that your health improves. But mistakes made by doctors, nurses and other medical professionals could be fatal and result in permanent injuries or even death.

These errors may take many forms. A hospital staff member could not understand the patient's chart and prescribe the wrong medication. This type of mistake typically occurs in emergency rooms where the time available is limited and staff members are under pressure to provide quick service. It could also happen when a physician is treating an illness that is not within the scope of specialization.

Other types of mistakes include prescribing incorrect medications or giving patients an improper dosage that results in injury. These mistakes can be committed by nurse practitioners, doctors, physician assistants, pharmacists and optometrists. These errors could also result in failing to recommend or prescribe the necessary follow-up procedure to fix the mistake.

Medication errors can lead to various serious injuries. For heart patients, a blood thinner could cause an extremely dangerous bleeding disorder. It could also cause a stroke. If you've suffered an injury or lost someone you love due to a medical mistake it is vital to consult with an experienced New York medical malpractice lawyer to determine whether you can pursue compensation.

Negligence

When doctors or medical professionals do not adhere to accepted standards of care, they could be liable for negligence. This can occur in a variety of environments, including hospitals therapy clinics, doctor's offices, and nursing homes. If a physician violates those standards and the patient suffers lasting harm it could be a requirement to compensate for the injury.

To prevail in a malpractice lawsuit the person who suffered the injury must show that the physician's breach of professional duties caused the injury. Causation is a legal standard that is essential. The breach must be a direct cause for the injury, and the damages must be quantifiable.

In the case of medical malpractice lawyers representing plaintiffs must also convince the jury that it is more likely than not that a physician's actions or inactions resulted in the damages sought. This is a challenging job since people aren't always in the clear or are in awe of what they believe that the other side is going to argue.

It is also crucial that the lawyer has a deep knowledge of the medical profession and how it functions. This knowledge will help prove that the breach of professional duty was a direct cause of the patient's injuries. Medical malpractice cases are filed in state or federal courts, and typically include expert witnesses who provide evidence of how the standard care was violated.

Punitive Damages

We often assume that medical professionals will treat us with skill, care and professionalism. However, mistakes of a serious nature can occur that can cause life-long injuries or even death. If the errors cause wrongful death, family members of the victims could be entitled compensation for the damages they've suffered.

In the case of wrongful deaths hospitals, doctors and nurses as well as pharmacists, physical therapists and doctors along with diagnostic imaging technicians and manufacturers of medical equipment are liable for suing. It is important to pursue everyone involved since there could be multiple parties at fault. Victims should work with their New York medical negligence lawyers to determine who or which companies are accountable.

Punitive damages aim at punishing the defendant for their actions and prevent them from repeating the same conduct in the future. Unlike compensatory damages, which are intended to address specific damages however, punitive damages can be applied to an entire group of people, and they are typically reserved for the most serious of violations.

The primary category of damages in the case of medical malpractice is the reimbursement for actual financial losses, which include medical costs and lost wages. Your New York medical negligence lawyer can help you determine the amount of your losses by providing expert testimony on what constitutes a violation of standard of care in the particular case's location and specialty. This is an important step because, without this evidence, your claim could be dismissed at the preliminary hearing level.